Please Note: This Becase Host Guarantee Terms and Conditions contains an arbitration clause that applies to all Becase Members. This affects how Becase disputes will be resolved. By accepting this Terms and Conditions, you agree to be bound by this arbitration clause. Please read the whole Terms and Conditions carefully.
Please read these Host Guarantee Terms carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using the Becase Platform as a Host, you agree to comply with and be bound by these Host Guarantee Terms.
All Becase Hosts may benefit from the Becase Host Guarantee program (the “Becase Host Guarantee” ), which is subject to these terms and conditions (the “Becase Host Guarantee Terms and Conditions” or “Host Guarantee Terms and Conditions”). The Becase Host Guarantee Terms and Conditions apply in addition to Dayo’s Terms of Service (“Becase Terms of Service” or “Terms of Service” ) and the Becase Platform Terms of Service ("Becase Payments Terms of Service” or “Payments Terms of Service " ).
All capitalized terms shall have the meaning set forth in the Becase Terms of Service or Becase Payment Terms of Service , unless otherwise defined in these Host Guarantee Terms. If you agree to these Host Guarantee Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Host Guarantee Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Except as permitted by law, these Host Guarantee Terms and Conditions do not affect your statutory rights. If you would like a written copy of the Host Guarantee Terms, please email us at firstname.lastname@example.org email@example.com
Becase Host Guarantee
Becase agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) loss or damage as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the Host Guarantee Terms.This often happens when a Guest who chooses to stay in your accommodation accidentally breaks something.
You must comply with all of the requirements and conditions in these Host Guarantee Terms in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered Losses. Please carefully review the definitions of “Covered Accommodation,” “Covered Losses,” “Covered Property” and “Excluded Property” below so that you may properly identify property that is covered and not covered by this Host Guarantee, as well as circumstances that is counted or is not counted by Becase as grounds for you to receive cash for a covered loss.
When trying to receive payment for a Covered Loss, you acknowledge and agree to use your best efforts to communicate with the Responsible Guest (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify both Becase Platform as well as the Responsible Guest about your complaint and attempt to resolve the loss or damage with the Responsible Guest within the earlier of (i) fourteen (14) days of the check-out date, or (ii) before your next guest checks in. You may fulfill this obligation by submitting a claim to Becase Support. In the event that the guest cannot be reached or does not want to be reached, please inform Dayo Platform as well so we can attempt to contact the guest.
When trying to receive payment for a Covered Loss, you acknowledge and agree that any amount of Covered Losses payable to you under the Becase Host Guarantee will be reduced by the amount you have already collected for the same Covered Losses from a source other than the Becase Host Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee (defined below), or other party or an insurer or guarantor of such party. Hence, for valuable items that you may have, it is recommended that you get those items insurance should untoward incidents like this happen.
Key Definition of Terms
The following capitalized terms all correspond to their own specific meanings. Please read this section carefully, as each of these terms will be useful in learning how to send us all documents needed for us to honor your Host Guarantee.
- ‘Actual Cash Value’ - This refers to how much it would actually cost to repair or replace your damaged or destroyed Covered Property, measured on the date of occurrence of such damage or destruction, with material of a like kind and quality, and with physical depreciation and obsolescence both factors that will deduct the actual cash value of the Covered Property involved.
- ‘Becase Host Guarantee Payment Request Form’ - This refers to the primary Becase Platform standard request form that Hosts must submit in order to claim compensation for damage or destruction of their Covered Property. This is obtainable by contacting Becase Platform Customer Support through any of the contact methods mentioned below, after which they will send you an electronic version of the form through email.
- ‘Booking Income Loss’ - This refers to the loss of the booking income, or the earnings that the Host has received from the Guest for booking the Listing. The Listing must be a Covered Accommodation for this loss to be counted. Booking Income Loss is exclusive of any non-continuing charges and expenses or any type of loss that the Host may incur while their accommodation remains untenantable, for any other reason that is not listed under Covered Loss. The Booking Income Loss will be measured from the starting time of the occurrence of the Covered Loss, until necessary repairs and replacements done makes the accommodation habitable under the same or equivalent physical and operational condition that it was prior to the Covered Loss incident happening.
- ‘Covered Accommodation’ - This is the term given to any accommodation located within the Philippines that can be used as a residence and that is (i) owned or legally controlled by you as the Host during the period of the responsible guest’s stay at such accommodation, and (ii) is an accommodation that is listed by you on the Becase Platform and is booked by the Responsible Guest in compliance with the Becase Terms of Service, Becase Payments Terms of Service, and all the Agreements and Policies herein. Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft) booked through the Services constitute a “Covered Accommodation” only to the extent that it is stationary and is solely used for lodging purposes.
- ‘Covered Losses’ - This is the term given to any direct physical loss or physical damage caused by the Responsible Guest or invitee of the Responsible Guest during their Becase stay. Covered losses do not include losses that are stipulated below under ‘Excluded Losses’.
‘Covered Property’ - These are limited to property that is located at a Covered Accommodation, or
1,000 feet of a Covered Accommodation thereof, to the extent of your interest in such property, unless the
property is one that is under ‘Excluded Losses’, as defined below. Specific Becase guidelines for what is a
Covered Property is explained below:
- Real property, including buildings and additions under construction that are located at the site of the Covered Accommodation, in which you have an insurable interest.
Personal property that is:
- Owned by you, including your interest as a tenant in improvements and betterments.
- Not owned by you, but is under your custody, thus, you are obligated to supervise the personal property and keep it insured for physical loss or damage.
- Not owned by you, but is under your custody and for which you have legal liabilities for whatever physical loss or damage may happen to it or to its contents and/or features within.
- ‘Excluded Losses’ - These are losses that are not insured by Becase Platform. Should these kind of losses happen, you should not expect compensation for it from Becase as Becase will not honor the Host Guarantee agreed upon between you and Becase for these Losses. Circumstances that fall under this category can be seen in the section below.
‘Excluded Property’ - These are properties/accommodations that are not insured by Becase Platform.
damage or loss to this property/accommodation due to the Guest and/or their Invitee happen, Becase Platform
may not honor the Host Guarantee agreed upon between you and Becase for these Losses. Properties that fall
under this category are listed below:
- Currency, money, precious metals in bullion form, notes or securities.
- Land, water or any other substance in or on land; except this exclusion does not apply to (i) land improvements consisting of landscape gardening, roads and pavements, but not including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.
- Animals, including, but not limited to, livestock and pets.
- Standing timber; growing crops.
- Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
- Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Accommodation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
- nderground mines or mine shafts or any property within such mine or shaft.
- Dams, dikes and levees.
- Property in transit, except as otherwise provided by these Becase Host Guarantee Terms and Conditions.
- Transmission and distribution lines beyond 1,000 feet of the Covered Accommodation.
- Any damage to any property that is not in, at, or on a Covered Accommodation.
- Real property owned by a party other than you and that you do not control.
- ‘Fine Arts’ - The term Fine Arts in this Host Guarantee Terms and Conditions encompass a lot of artistically-inspired and created works. Examples of these, but not limited to these only, are paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelain; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.
- ‘Invitee’ - This is a person or persons that is or are invited to be present at a Covered Accommodation by a Responsible Guest. Responsible Guests are responsible for the conduct of the Invitees that they bring into the accommodation.
- ‘Limit’ - This is the limit to whatever Becase Platform is obligated to pay to you should you suffer losses or damages. This limit is 100,000 pesos.
- ‘Ordinary Wear and Tear’ - The deterioration in the condition of the property that occurs under normal usage and following of instructions.
- ‘Responsible Guest’ - Guests that are capable of being bound to legally-binding contracts. They stay at your accommodation, and can be held liable for any losses or damages that may occur during their stay.
Limitations and Exclusives
This section defines and categorizes losses or damages that cannot be repaired or replaced by Becase Platform. This will be identified in this Terms of Conditions as ‘Excluded Losses’. Here are the losses or damages that are not entitled to a payout by Becase Platform.
- any losses caused by a Guest or Invitee after the expiration of the booking period shown in the applicable Listing.
- losses or damages for Covered Property, which arise out of any one booking of a Covered Accommodation by a Responsible Guest, in excess of the Limit.
- in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.?
any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or
resulting from any of the following:
- Excluded Property;
- acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;
- excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Accommodation;
- indirect or remote causes;
- interruption of business, loss of market and/or loss of use, except that the Becase Host Guarantee does cover Booking Income Loss;
- loss, damage, or deterioration arising from any delay;
- mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
- enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
- animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
- dentity theft or identity fraud.
any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from
any of the following, regardless of any other cause or event contributing thereto:
- any hostile act or act of war, terrorism, insurrection or rebellion;
- actual or threatened malicious use of poisonous biological or chemical materials;
- nuclear reaction or radiation or radioactive contamination;
- seizure or destruction under quarantine or customs regulations, or confiscation by order of any governmental or public authority;
- contraband, or illegal transportation or trade;
- any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Guest or Invitee and such act is done without your knowledge; or
- lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
the following conditions:
- faulty workmanship, material, construction or design from any cause;
- deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
- Ordinary Wear and Tear;
- settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
- changes of temperature or relative humidity; or
- damage caused by insects, animals or vermin (including pets);
- provided, that any physical damage resulting from any of the conditions listed above will be covered by the Becase Host Guarantee if not otherwise excluded under the Becase Host Guarantee.
- any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
- any fees that may be charged to a Guest by a Host for additional individuals invited to, or otherwise provided access to, the Covered Accommodation who are not included in the Guest’s booking of such Covered Accommodation.
- Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data will not be paid. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CD ROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
Conditions to the Becase Host Guarantee
In order to be eligible to obtain payment under these Host Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.
You must have incurred Covered Losses, and it must be due to a Responsible Guest or Invitee. Also, the Covered Loss be valid, meaning that it is not an Excluded Loss, nor must it have taken place on Excluded Property.
You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and notify Becase of such losses or damages within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s booking of the applicable Covered Accommodation or (ii) the date by which the next subsequent booking of the same Covered Accommodation begins. You can notify Becase either by contacting Customer Support directly using any of the Contact Us details listed below.
For all Covered Property that was damaged or destroyed due to a criminal act, criminal misdemeanor, and other deeds that is a violation of Philippine law, of which you are filing a Becase Host Guarantee Payment Request Form, you must also follow a police report listing such Covered Property, and mail us a physical copy to Becase Platform, certified as true and correct and reasonably acceptable to Becase.
Within thirty (30) days after you have incurred a Covered Loss, you must be able to complete and file a fully detailed Becase Host Guarantee Payment Request Form, along with a signed and sworn proof of loss to us, unless we provide a written extension of the thirty (30) day deadline. The proof of loss must contain the following details below:
- The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
- The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
- The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage to each item of such Covered Property.
- All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
- Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing./
- The identity of and other information known about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.
- The date when you contacted the Responsible Guest to request payment for the loss you are claiming, and the date on which the Responsible Guest declined or failed to pay for the loss.
Along with the signed and sworn proof of loss that you have to send to us, you must also provide Becase Platform will important details that we may need to accurately address your Covered Loss. This includes determining the Actual Cash Value with respect to the Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired; the condition of such Covered Property and the estimated cost and replacement of such Covered Property. Should such details like date and original purchase price of Covered Property be hard to determine, you must seek Becase Platform’s help or advice with regards to determining such information.
You must then protect or preserve the Covered Loss so that it further damage to it may be prevented. After doing so, you must distinguish and separate damaged and undamaged Covered Property, fix it so it might be in the best possible order, and create a complete inventory of what has been lost, destroyed, damaged, and undamaged property, showing in detail the quantities, cost, Actual Cash Value, and amount of loss claimed.
As often as may be reasonably requested from you by Becase Platform and its designees and to expedite the process, you must be able to (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.
Along with complying with requests that Becase Platform and its designees may ask of you, you must also permit Becase and its designees to make inspections of your Covered Property at all reasonable times. However, we cannot guarantee that the item would be safe or healthful to use by inspecting your Covered Property, filing reports and/or giving you advice, as the most that we can offer to you are recommendations and not direct orders. We have no liability towards you or another person because of our inspections or because of our failure to inspect.
Along with complying with our reasonable demands above, we also ask that you cooperate with Becase Platform with regards to signing documents and timely responding to any reasonable requests for additional information or documentation that Becase Platform and its designees may require or request to fact check and accurately process and file the applicable Dayo Host Guarantee Payment Request Form. ?
Should your Covered Property be subject to a loan, mortgage, or other security interest, it is your responsibility to notify your lender or mortgagee in writing regarding the loss or damage of that Covered Property. Should the lender or mortgagee request for insurance and/or reimbursement proceeds for the damage or loss, it is your responsibility to let Becase Platform know about it by sending us a copy of the request from the lender or mortgagee as well as all the lender’s or mortgagee’s contact information for us to be able to directly speak to them. Should your lender or mortgagee accept, we will then pay the loss benefit to the lender or mortgagee up to the value of the borrowed property or mortgage (subject to the exclusions,limitations, and conditions herein) and we will not pay you until you are finished settling your monetary obligations to the lender or mortgagee.
You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) Becase’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.
Disposition of Host Payment Requests
Becase Host Guarantee Payment Request Form
Should you furnish Becase Platform with all information and materials mentioned in “Conditions to the Becase Host Guarantee” above, and submit the final Becase Host Guarantee Payment Request Form within thirty (30) days (unless we give you an extension of the deadline through writing), then we will complete your processing in an orderly time and fashion as well. In any event, we will use commercially reasonable efforts to complete the processing of your Becase Host Guarantee Payment Request Form within thirty (30) days after our receipt of the complete documents and information mentioned above. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the Becase Platform Host Guarantee, you will be required to execute and deliver to us the “Becase Host Guarantee Approved Payment Request Agreement”, which includes your agreement of the stipulations below:
- to assign to Becase or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
- to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party;
- to release and hold harmless Becase and its insurer and all officers, directors, employees, contractors and agents of Becase from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Becase Host Guarantee Payment Request Form;
- if requested, to treat as “confidential information” the amount of any payment made under the Becase Host Guarantee; and
- to refund to us any amounts in excess of the Covered Loss in the Approved Payment Request as a result of a systems or payment processing error.
The duration of the processing period of the Becase Host Guarantee Payments Request Form that you submit us may vary depending on the following factors; (i) the amount of payment that you are requesting from us for the Covered Loss, (ii) the location of the Covered Accommodation, (iii) the nature of the Covered Property and the nature of the Covered Losses (iv) the completeness and the amount of information that you have given to Becase Platform, and (v) the number of other Becase Host Guarantee Payment Request Forms that we are processing for other Hosts. ?
Approved Payment Request
If you have filed a Becase Host Guarantee Payment Request Form and such Payment Request Form gets approved in whole or in part for the Covered Losses that you have incurred (“Approved Payment Request ”), you will be paid the amount of the Covered Loss as calculated by Becase Platform and its designees. The process of calculation for the amount paid is described under “Determination of the Amount of the Covered Loss” below. You will be notified after by Becase Platform through email, and as a condition of the payment hereunder, you will be required to submit an executed Approved Payment Request Agreement to Becase Platform. To assist in the processing of the Becase Host Guarantee Payment Request Form, Becase may request or hire Third-Party Services to aid in the processing as well as the investigation and release of payment requests relating hereto.
For an Approved Payment Request that involves Covered Losses for Covered Party that is owned by another party other than you, we reserve the right, in our sole discretion, to pay a full or partial amount of the Covered Losses either to you or the owner of the Covered Property directly. Should the payment be directly transmitted to the owner of the Covered Property, then you agree that you as a Becase Host that abides and honors the Host Guarantee Terms of Conditions will be treated as being paid to you directly, and that you will be solely responsible for collecting from the owner of the Covered Property an amount that you believe are legally entitled to. ?
Determination of the Amount of the Covered Loss
The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:
- On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
- On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.?
- For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (i) the Actual Cash Value (assuming such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss); (ii) the cost to repair such damaged Covered Property; (iii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
- Any amount of any Covered Losses payable under the Becase Host Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
- Covered Losses will be paid in the currency of the Philippines only, unless we choose to elect to pay you with a different currency. We will give you prior notice should we pay you in another currency however. ?
The Becase Host Guarantee is not an insurance policy. To the extent you desire protection beyond the Becase Host Guarantee, Becase strongly encourages you to purchase insurance that will cover you and your property for losses caused by Guests or Guests’ invitees in the event your loss is not within the terms of the Becase Host Guarantee. This extra measure is especially recommended for high value Property like vehicles, watercraft, Fine Arts, or limited/rare Property that you have in your accommodation.
Modification of the Becase Host Guarantee Terms and Conditions
Bigbenta Corporation, on behalf of the Becase Platform, reserves the right to modify this Becase Host Guarantee Terms and Conditions at any time in accordance with this provision. However, to the best interest of your interest, should we make any form of Modification to this Becase Host Guarantee Terms and Conditions, we will notify you through an electronic notification. To be specific, we will notify you through Text (SMS) Message, through Email, through a Private Message to your Becase Account, as a notification on the Becase Platform, and when you log into the site (should you have logged out). On this Host Guarantee Terms and Conditions tab, we will post the revised Becase Host Guarantee Terms and Conditions, indicate any changes done to it, and update the ‘Last Updated’ date on the top of the Host Guarantee Terms and Conditions. We will notify you of the modification at least thirty (30) days before the date that they will become effective. If you disagree with any of the modifications done to this Becase Host Guarantee Terms and Conditions, then you are free to terminate your agreement with this Host Guarantee Terms and Conditions with immediate effect. We will notify you through Text (SMS) Message or Email to terminate the Becase Host Guarantee Terms and Conditions. If you fail to terminate the Host Guarantee Terms and Conditions before any revisions made to the Becase Host Guarantee Terms and Conditions comes into effect, your continued usage of the site constitutes acceptance of the Dayo Host Guarantee Terms and Conditions.
In addition to and without limiting Becase’s rights set forth above in the immediately preceding paragraph, Becase reserves the right to modify or terminate these Host Guarantee Terms and Conditions generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Becase Host Guarantee Terms and Conditions are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in the Philippines; (ii) Becase is required to obtain a license or permit of any kind to continue to provide these Host Guarantee Terms in the Philippines; or (iii) Becase determines or a court or arbitrator holds that the provisions of these Becase Host Guarantee Terms and Conditions violate applicable law. If Becase modifies or terminates these Host Guarantee Terms and Conditions in accordance with the foregoing, Becase will process all Becase Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
Becase Platform and/or Becase Platform’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the Becase Host Guarantee Terms and Conditions by, or on behalf of, Becase, you will assist and cooperate fully with Becase Platform regarding any and all efforts at subrogation.
Becase Platform explicitly disclaims all liability for any act or omission of any Member or other third parties. Becase Platform does not have any duties or obligations as agent for each member, unless explicitly stated in any of the Becase Host Guarantee Terms and Conditions.
If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either expressed or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Becase Platform remains with you. If you permit or authorize another person to use your Account in any way, you are responsible for the actions taken by that person. Neither Becase Platform nor BigBenta Corporation, nor any other party involved in creating, producing, or delivering the Becase Platform will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Host Guarantee Terms and Conditions, (ii) from the use of or inability to use the Becase Platform, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Becase Platform, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Becase Platform has been informed of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to Members or Hosts pursuant to these Becase Platform Terms, in no event will Dayo Platform’ aggregate liability arising out of or in connection with this Becase Platform, and your use of the Becase Platform including, but not limited to, from your use of or inability to use the Becase Platform, exceed the amount you have paid or owe for bookings via the Becase Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Becase Platform to you in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Becase Platform and you.
Dispute Resolution and Arbitration Agreement
Introduction and Overview to the Arbitration Process. As an alternative to traditional judicial proceedings, Becase is willing to participate in a consumer-friendly dispute resolution process. To that end, Becase Host Guarantee Terms and Conditions provides for a two-part process for individuals to contest their dispute against Becase Platform or other Users that are affiliated with the Platform. The first step of the two-part process is the (i) direct informal negotiation with the Becase Customer Support Team, and (ii) a binding arbitration to be administered by an arbitrator. This arbitrator must comply with the following guidelines below:
- The Arbitrator must be accredited by the Phililppine Institute of Arbitrators (PIARB)
- He/she must have a neutral stance, and no one party can unilaterally elect an arbitrator.
- Arbitrators must have share no relations with any one party. Furthermore, Arbitrators must reveal if they have a personal bias with any one party.
- arties retain the right to seek small claims in court, at their option.
- Arbitrators can decide for a remedy given both parties’ claims.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Becase Platform, each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Becase’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate an arbitration, a claim must have been made by both parties, a list of potential arbitrators should have been made (it is recommended but not required to ask PIARB for a list of arbitrators that can handle the dispute), and a written Demand for Arbitration must have been crafted by the Users dispute party. All three requirements must have been shared with Becase Platform, all opposing parties, and the arbitrator in advance before the arbitration hearing begins.
Agreement to Arbitrate. You and Becase Platform mutually agree that any dispute, claim or controversy arising out of or relating to these Host Guarantee Terms and Conditions or the applicability, breach, termination, validity, enforcement or interpretation thereof, (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Becase Platform agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and Becase Platform each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). These scenarios are not subject to the venue and personal jurisdiction agreement between the concerned party and Becase Platform.
Arbitration Rules and Governing Law. This Arbitration Agreement is an evidence, thus, is essentially a commercial related transaction. Thus, this arbitration will have to be administered by an arbitrator accredited by PIARB. Arbitration in the Philippines is fully promoted by the State as a form of dispute resolution since Republic Act No. 876 passed in June 19, 1953. The law was responsible for laying a basic groundwork and definition on what Arbitration is, however, it did not really push for arbitration as an alternative to judicial proceedings in the Philippines. Republic Act No. 9285, passed on February 4, 2004, further expanded the definition of what arbitration is, and modified the dispute resolution so it would be more compatible with Philippine legal procedures. The guidelines that were stipulated above are partly based on official Philippine Arbitration Laws. The first law, the Special Rules of Court on Alternative Dispute Resolution Act established October 30, 2009, laid all the guidelines for the adoption, preparation, and execution of all arbitration cases, to be complied with by both involved parties in the arbitration and the arbitrator t hemselves, and the Implementing Rules and Regulations of the Alternative Dispute Resolution Act of 2004? officialized what was mentioned in the former ruling, as well as laid down a concrete order, so that both the general public and the judicial courts may look at arbitration as an accepted alternative to legal proceedings.
Arbitrator’s Decision. Any decisions made by the Arbitrator in the dispute can be regarded as temporary relief, and upon the insistence of any one of the parties involved, the award can still be judged in an official court.The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. However, in the case of extreme scenarios where it is required to provide immediate relief to any one party involved, the arbitrator has the right to award declaratory or injunctive relief. It can only be awarded to an individual basis in these cases.
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Becase Host Guarantee Terms and Conditions constitute the entire Terms of Service regarding the Host Guarantee between Becase Platform and you regarding the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Becase Platform and you regarding the Payment Services.
No joint venture, partnership, employment, or agency relationship exists between you or Becase Platform as a result of this Host Guarantee Terms and Conditions or your use of the Payment Services.?
If any provision of these Host Guarantee Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Becase Platform’ failure to enforce any right or provision in these Host Guarantee Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Host Guarantee Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise permitted under law.
You may not assign, transfer, or delegate this Becase Host Guarantee Terms and Conditions and your rights and obligations hereunder without Becase Platform’ prior written consent. Becase Platform may without restriction assign, transfer, or delegate this Host Guarantee Terms and Conditions and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Host Guarantee Terms and Conditions at any time remains unaffected.
This Becase Host Guarantee Terms and Conditions does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Host Guarantee Terms and Conditions for the purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Host Guarantee Terms and Conditions.
Unless specified otherwise, any notices or other communications permitted or required under this Host Guarantee Terms and Conditions, will be in electronic writing and given by Becase Platform via email, private messaging to your Becase Profile, Text (SMS) Message, Social Media Accounts, or Becase Website Notification.